Latest Updates: New Presidential Memorandums, Proclamations, & Executive Orders On Immigration
Follow along below for the recaps on all of the latest memorandums, proclamations, and new Executive Orders on immigration. Don't hesitate to contact our office if you have any questions on any of the latest immigration law updates:
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DHS Provides Plan for Changes After Title 42 Ends
May 16th, 2023
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DHS provided a memo on how it plans to prepare for and manage increased encounters of noncitizens at the southwest border after Title 42 ends.
READ DHS FACT SHEET: UPDATE ON DHS PLANNING FOR SOUTHWEST BORDER SECURITY MEASURES AS THE TITLE 42 PUBLIC HEALTH ORDER ENDS:
https://www.dhs.gov/publication/dhs-plan-southwest-border-security-and-preparedness
There are six pillars:
Border Security Pillar 1: We are surging resources, including personnel, transportation, medical support, and facilities to support border operations.
Border Security Pillar 2: We are increasing CBP processing efficiency and moving with deliberate speed to mitigate potential overcrowding at Border Patrol stations and to alleviate the burden on the surrounding border communities.
Border Security Pillar 3: We are administering consequences for unlawful entry, including removal, detention, and prosecution.
Border Security Pillar 4: We are bolstering the capacity of non-governmental organizations (NGOs) to receive noncitizens after they have been processed by CBP and are awaiting the results of their immigration removal proceedings. And, we are ensuring appropriate coordination with and support for state, local, and community leaders to help mitigate increased impacts to their communities.
Border Security Pillar 5: We are targeting and disrupting the transnational criminal organizations (TCOs) and smugglers who take advantage of and profit from vulnerable migrants, and who seek to traffic drugs into our country.
Border Security Pillar 6: We are deterring irregular migration south of our border, in partnership with the Department of State (DOS), other federal agencies, and nations throughout the Western Hemisphere, to ensure that we are sharing the responsibility throughout the region.
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President Biden Proclamation Revokes Healthcare Insurance Proclamation From October 2019
May 14th, 2021
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On Friday, May 14th, the Biden Administration issued a new Presidential Proclamation that revokes the previous Proclamation 9945 from October 4th, 2019, which previously suspended the entry of immigrants who "will financially burden the United States healthcare system".
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The new Presidential Proclamation reads as follows:
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The suspension of entry imposed in Proclamation 9945 of October 4, 2019 (Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans), does not advance the interests of the United States. My Administration is committed to expanding access to quality, affordable healthcare. We can achieve that objective, however, without barring the entry of noncitizens who seek to immigrate lawfully to this country but who lack significant financial means or have not purchased health insurance coverage from a restrictive list of qualifying plans. The suspension of entry imposed in Proclamation 9945 is also in tension with the policy set forth in section 1 of Executive Order 14012 of February 2, 2021 (Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans).
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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f ) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f ) and 1185(a), hereby find that the unrestricted entry into the United States of noncitizen immigrants based solely on the reasons articulated in Proclamation 9945 is not detrimental to the interests of the United States. I therefore hereby proclaim the following:
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Section 1. Revocation. Proclamation 9945 is revoked.
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Sec. 2. Review of Agency Actions. The Secretary of State, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 9945 and, as appropriate, issue revised guidance consistent with the policy set forth in this proclamation.
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Sec. 3. General Provisions.
(a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.
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JOSEPH R. BIDEN JR.
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White House Proclamation Revoking Immigrant Visa Ban From April 2020
February 24th, 2021
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President Biden issued a new Presidential Proclamation revoking Proclamation 10014 that was previously set on April 22nd, 2020. The new Proclamation reads as follows:
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The suspension of entry imposed in Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as extended by section 1 of Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), and section 1 of Proclamation 10131 of December 31, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), does not advance the interests of the United States. To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world. And it harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received, immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery. Proclamation 10014 has prevented these individuals from entering the United States, resulting, in some cases, in the delay and possible forfeiture of their opportunity to receive Fiscal Year 2020 diversity visas and to realize their dreams in the United States.
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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f ) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f ) and 1185(a), hereby find that the unrestricted entry into the United States of persons described in section 1 of Proclamation 10014 is not detrimental to the interests of the United States. I therefore hereby proclaim the following:
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Section 1. Revocation. Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131 are revoked.
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Sec. 2. Review of Agency Guidance. The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10014 and, as appropriate, issue revised guidance consistent with the policy set forth in this proclamation.
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Sec. 3. General Provisions.
(a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head
thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to
budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to
the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.
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JOSEPH R. BIDEN JR.
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Executive Order on Enhancing Refugee Resettlement Programs and Planning for the Impact of Climate Change on Migration
February 4th, 2021
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President Biden issued an Executive Order revoking certain past presidential actions on refugee admissions and resettlement; directing government agencies to take steps to improve the “efficacy, integrity, security, and transparency” of the United States Refugee Admissions Program (USRAP), and to create a plan to address USRAP processing backlogs; to complete a review of the Iraqi and Afghan Special Immigrant Visa programs; and to submit a report on climate change and its impact on migration, including forced migration, internal displacement, and planned relocation.
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The White House stated in a separate fact sheet that this Executive Order "will launch administrative reforms" to reach the "goal of increasing refugee admissions to 125,000 in the first full fiscal year of the Biden-Harris Administration."
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White House Issues Executive Order on the Southern Border and the Asylum System
February 3rd, 2021
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On Wednesday, February 3rd, 2021, the White House issued an executive order to implement a comprehensive three-part plan for safe, lawful, and orderly migration across the southern border, as well as to review the Migrant Protection Protocols program. The order also directs a series of actions to restore the U.S. asylum system.
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The full Executive Order can be viewed here.
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White House Issues Executive Order on the Establishment of Interagency Task Force on the Reunification of Families
February 3rd, 2021
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The White House, on Wednesday, February 3rd, 2021, issued an executive order establishing a task force to reunite families that remain separated and also revokes the Trump administration’s Executive Order that sought to justify separating children from their parents (EO 13841).
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You can view the full Executive Order here.
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Executive Order on Restoring Faith in Our Legal Immigration Systems & Strengthening Integration and Inclusion Efforts for New Americans
February 3rd, 2021
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On Wednesday, February 3rd, 2021, the White House issued an executive order that requires agencies to conduct a top-to-bottom review of recent regulations, policies, and guidance that have set up barriers to our legal immigration system, and orders immediate review of agency actions on public charge inadmissibility.
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The full Executive Order can be viewed here.
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President Issues Memorandum On Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)
January 20th, 2021
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President Biden issued a memorandum, effective January 20th, 2021, which directed the DHS Secretary, in consultation with the Attorney General, to take all actions he deems appropriate, consistent with applicable law, to preserve and fortify Deferred Action For Childhood Arrivals (DACA).
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By the authority vested in me as President by the Constitution and the laws of the United States, it is hereby ordered as follows:
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Section 1. Policy. In 2012, during the Obama-Biden Administration, the Secretary of Homeland Security issued a memorandum outlining how, in the exercise of prosecutorial discretion, the Department of Homeland Security should enforce the Nation’s immigration laws against certain young people. This memorandum, known as the Deferred Action for Childhood Arrivals (DACA) guidance, deferred the removal of certain undocumented immigrants who were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military. DACA and associated regulations permit eligible individuals who pass a background check to request temporary relief from removal and to apply for temporary work permits. DACA reflects a judgment that these immigrants should not be a priority for removal based on humanitarian concerns and other considerations, and that work authorization will enable them to support themselves and their families, and to contribute to our economy, while they remain.
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Sec. 2. Preserving and Fortifying DACA. The Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
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(i) the authority granted by law to an executive department, agency, or the head thereof; or
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(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
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(b) This memorandum shall be implemented consistent with applicable law.
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(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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(d) The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register.
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JOSEPH R. BIDEN JR.
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President Issues Memorandum Reinstating Deferred Enforced Departure For Liberians
January 20th, 2021
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President Biden issued a memorandum deferring through June 30, 2022, the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who was under a grant of DED as of January 10, 2021, with some exceptions. The memo also allows for continued employment authorization for such individuals through June 30, 2022.
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The full text of the memorandum can be read here.
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President Biden Issues Executive Order Revoking Prior Actions Excluding Undocumented Immigrants from the Apportionment Base Following the Decennial Census
January 20th, 2021
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President Biden issued an Executive Order, effective January 20, 2021, revoking Executive Order 13880 of July 11, 2019, (Collecting Information About Citizenship Status in Connection With the Decennial Census), and the Presidential Memorandum of July 21, 2020 (Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census).
The order directs the Commerce Secretary to ensure that the apportionment base and state-level tabulations include all inhabitants without regard to immigration status.
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The full Executive Order can be read here.
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President Issues Executive Order Revising Civil Immigration Enforcement Policies and Priorities
January 20th, 2021
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On, January 20th, 2021, President Biden issued an Executive Order revoking Executive Order 13768 of January 25, 2017, (Enhancing Public Safety in the Interior of the United States), and directing the DOS Secretary, the Attorney General, the DHS Secretary, and other government officials to review any agency actions developed pursuant to Executive Order 13768 and to take action, including issuing revised guidance, as appropriate and consistent with applicable law.
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The Executive Order reads as follows:
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By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
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Section 1. Policy. Immigrants have helped strengthen America’s families, communities, businesses and workforce, and economy, infusing the United States with creativity, energy, and ingenuity. The task of enforcing the immigration laws is complex and requires setting priorities to best serve the national interest. The policy of my Administration is to protect national and border security, address the humanitarian challenges at the southern border, and ensure public health and safety. We must also adhere to due process of law as we safeguard the dignity and well-being of all families and communities. My Administration will reset the policies and practices for enforcing civil immigration laws to align enforcement with these values and priorities.
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Sec. 2. Revocation. Executive Order 13768 of January 25, 2017 (Enhancing Public Safety in the Interior of the United States), is hereby revoked. The Secretary of State, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the heads of any other relevant executive departments and agencies (agencies) shall review any agency actions developed pursuant to Executive Order 13768 and take action, including issuing revised guidance, as appropriate and consistent with applicable law, that advances the policy set forth in section 1 of this order.
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Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
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(i) the authority granted by law to an executive department or agency, or the head thereof; or
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(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
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(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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JOSEPH R. BIDEN JR.
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THE WHITE HOUSE,
January 20, 2021.
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Presidential Proclamation on Ending Discriminatory Bans on Entry to the United States
January 20th, 2021
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President Biden issued a proclamation revoking Executive Order 13780 of March 6, 2017; Proclamation 9645 of September 24, 2017; Proclamation 9723 of April 10, 2018; and Proclamation 9983 of January 31, 2020. The proclamation directs the DOS secretary to direct embassies and consulates, consistent with applicable law and visa processing procedures, including any related to COVID-19, to resume visa processing in a manner consistent with the revocation of the executive order and proclamations specified.
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The full Proclamation can be viewed here.
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